Public-domain · open source
OpenJurist

85 Me. 498

Hobbs v. Payson

Supreme Judicial Court of Maine

Decided June 6, 1893

Supreme Judicial Court of Maine · decided 1893-06-06

On exceptions. This was a real action in which the plaintiff relied upon two different sources of title; first, under a mortgage from John Payson to one Counce, which came to the plaintiff by various mesne assignments; and, second, under a quitclaim deed from said Payson, the description of the land conveyed being as follows : All real estate situated in Hope, Warren and Union, meaning to convey all my right, title and interest in the real estate occupied by me.” The…

Good law ✅— No negative treatment on recordhow we know

Decided 1893-06-06

How this case has been cited

Cited by 7 later decisions — most recently June 1969

1 federal appellate · 6 state decisions

3018931900191019201930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Haskell, J.

¶1The words of a grant, "All my right, title and! interest in and to all real estate situated in Hope, Warren and. Union,” are sufficient to convey the grantor’s estate there; situated. Bird v. Bird, 40 Maine, 398.

¶2An explanatory clause in such grant, " meaning to convey all! my right, title and interest in the real estate formerly occupied by me,” does not limit the grant to such estate only. It rather makes sure that such lands were to be included with those of which the grantor had the visible occupation. They are words of inclusion and not of exclusion.

¶3Words of reference or of explanation never destroy a specific grant. Maker v. Lazell, 83 Maine, 562. They are useful where the description is imperfect and where it is aided rather than controlled by them. Hathorn v. Hinds, 69 Maine, 326 ; Brunswick Savings Institution v. Crossman, 76 Maine, 577; Brown v. Heard, ante, 294.

¶4*500The court is of opinion that the quitclaim deed, upon which the plaintiff relies, conveys the land demanded.

¶5Exceptions overruled.

Peters, C. J., Walton, Libbey, Foster and Wiswell, JJ., concurred.
/85/me/498 · .json · Public domain